IN THE CASE OF:	  

		BOARD DATE:	       25 September 2008

		DOCKET NUMBER:  AR20080011477 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry (RE) code be changed. 

2.  The applicant states, in effect, that he disagrees with the service medical records which state that he was emotionally unstable during his career in the Army.  He contends that maybe his problems were due to stress, arriving in a new city, receiving seven conflicting messages in a row some nights from noncommissioned officers about what to do the next morning, coming in contact with meningitis in the emergency room, and the strong magnetism from the electrical machines in the hospital.  He does not believe that all the stress or emotional stuff that he went through was enough to warrant an RE code of 4.  He further states that his goal is to enlist in the Army National Guard and earn the right for them to pay for his college.

3.  The applicant provides a psychiatric addendum, dated 25 February 2008; a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 19 May 2008; a laboratory print out; a DA Form 3349 (Physical Profile), dated 8 June 2004; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 3 September 2002 and trained as a health care specialist.  On 15 May 2006, he was released from active duty and placed on the Temporary Disability Retired List (TDRL) the following day.  
2.  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-40, PARA [paragraph] 4-24B(2).”  Item 
26 (Separation Code) on his DD Form 214 shows the entry, "SFK."  Item 
27 (Reentry Code) on his DD Form 214 shows the entry, "4."  Item 
28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "DISABILITY, TEMPORARY.”

3.  As a result of the applicant’s first TDRL reevaluation, on 19 May 2008, a PEB found him physically unfit due to a psychotic disorder not otherwise specified.  The psychiatrist reported that due to the applicant’s past history of prolonged cognitive and emotional disorganization while on military duty, continuing idiosyncrasies of thinking, and social unease, the applicant did not meet retention standards.  The PEB found that the applicant remained unfit to reasonably perform the duties required by his previous grade and military specialty.  The PEB recommended that the applicant be separated with severance pay and with a combined rating of zero percent.  On 3 June 2008, the applicant concurred with the findings and recommendations and waived a formal hearing.  On 16 June 2008, the applicant was removed from the TDRL and separated with severance pay (zero percent).   

4.  Paragraph 4-24b(2) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that based upon the final decision of the U.S. Army Physical Disability Agency or Army Physical Disability Appeal Board, U. S. Army Personnel Command will issue retirement orders or other disposition instructions for placement on the TDRL.

5.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator codes to be used for these stated reasons.  The regulation states the reason for discharge based on separation code “SFK” is “Disability, Temporary” and the regulatory authority is Army Regulation 635-40, paragraph 
4-24b(2).  

6.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.  

7.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  

8.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

9.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

10.  The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the SPD [Separation Program Designator] is "SFK" then an RE code of 4 will be given.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was separated from active duty and placed on the TDRL.  By regulation, this mandated that he be assigned an RE code of 4 upon his release from active duty.  Therefore, his RE code was administratively correct and in conformance with applicable regulations at the time of separation.  

2.  Evidence of record shows the applicant was removed from the TDRL on 
16 June 2008 and competent medical authorities determined that he remained unfit to reasonably perform the duties required by his previous grade and military specialty and that he did not meet retention standards.  Therefore, there is no basis for granting the applicant’s request.  However, since the applicant is no longer drawing retired pay, he might be eligible to request that the recruiter process a medical waiver.     

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  __xx____  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      _______xxxx _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080011477



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ABCMR Record of Proceedings (cont)                                         AR20080011477



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